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Terms of Service

Last update: June 1, 2017

By submitting the online order form, Customer hereby agrees to the following:
In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

  • Customer agrees to pay for hosting services rendered in advance of each monthly service term.
  • Customer agrees to future automatic payment if a credit card is used unless otherwise indicated to Bluebird Hosting.
  • Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
  • Customer understands that all domain purchases are non-refundable.
  • Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Customers failing to secure payment within 10 days of notice will incur a late fee and service interruption on the 12th day.
  • Bluebird Hosting reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion,
    violates any condition of service including this Terms of Service.

Prohibited Content

Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in Bluebird Hosting’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) “harvested” addresses or information, (c) “phishing” web sites, (d) “link farms”, or (e) “spamvertising” sites.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Bluebird Hosting investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers,
    and other executables intended to inflict harm).
  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to,
    accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly
    authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing,
    packet spoofing, IP spoofing and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer’s server.
  • Circumventing user authentication or security of any host, network or account, including cracking.
  • Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack
    or distributed denial of service attack).
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging
    of packet headers (spoofing) or other identification information.
  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via
    any means, locally or via the Internet.
  • Running an openly accessible proxy of any kind.
  • Failing to comply with the Bluebird Hosting’s procedure relating to the activities of Customers on the Bluebird Hosting’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 CDN per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

Email Policy

Mass Mailings. Bluebird Hosting has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Bluebird Hosting whether or not the message actually originated from our network.

250 Daily Outgoing Email Limit

To help prevent spam and potential abuse, Bluebird has limits for how many emails can be sent at a given time from a Bluebird Hosting account. This policy is applicable on a per domain basis on all Shared servers, meaning that each hosting account is limited to 250 outgoing emails per day limit. This also applies to mailing lists. If a user sends over 250 emails a day, the emails will fail and may bounce back with an undeliverable error.  Limits are reset at midnight every day, afterwards you may try sending again.

Mailing Lists: Bluebird Hosting’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future. If your actions have caused Bluebird Hosting mail servers or Bluebird Hosting IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges. Violation of the above terms will result in one or all of the following:

  • A warning from via email or phone.
  • Removal of DNS for the advertised / originating site.
  • Immediate disconnection of service with no re-activation.
  • $100 fee assessed to your account for violation.

Copyright Infringement

Bluebird Hosting hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian or Provincial regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and provincial law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Bluebird Hosting will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

Network & Server Resources

Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Bluebird Hosting reserves the right to request that you either upgrade your web hosting service package or reduce your account’s use of resources to an acceptable level. Bluebird Hosting will be the sole arbiter of what is considered to be an excessive amount of server resources. Bluebird Hosting reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by Bluebird Hosting.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Bandwidth Overage Costs: $2.00 per GB

Disk Space & Quota

All hosting accounts have soft and hard limits.

A user can go over the soft limit for a short period of time, one week to be exact.  Once that time is exceed, then you cannot add anymore.  You can never exceed the hard limit, who’s value is specified by a multiplier of 1.1.

An example of the multiplier is if your account is limited to 100meg. The soft limit will be 100meg.  The hard limit will be 110meg.  You can then add up to 110 meg for a duration of 1 week.  After 1 week you cannot add anymore files.  When the user goes below 100meg during his grace period, this timer is reset.

disk space (MB) - a calculation of everything the domain uses disk space for i.e. web, mail, databases, etc.

Disk Overage Costs: None

INODES 
The use of more than 110,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.

Money back guarantee & refund policy

We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid Bluebird Hosting for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

For Quarterly and Semi-Annual terms refunds do not apply. Refunds are only given before the first 30 days.

Suspension and Cancellation

Bluebird Hosting reserves the right to suspend service to any Customer for violation of the Terms of Service. Bluebird Hosting will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Bluebird Hosting reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term. A hosting account that has been suspended due to unpaid invoice or other reasons will automatically be terminated without notice after 1 month.

Service Level Agreement

Bluebird Hosting endeavors to have network connectivity available for HTTP access by third parties 99.9% of each month (“Web Site Availability”). In the event that there is no Web Site Availability, Bluebird Hosting will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.9% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Bluebird Hosting’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Bluebird Hosting is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Bluebird Hosting attempts to keep regular backups of data stored on our systems, Bluebird Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Bluebird Hosting does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information. Reseller Policy Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Bluebird Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Bluebird Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Bluebird Hosting against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Bluebird Hosting’s service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Bluebird Hosting’s service.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.